MERCURY SWITCH REMOVAL PROGRAM 2009 ANNUAL REPORT Presented to The Environmental Review Commission October 1, 2009 HAZARDOUS WASTE SECTION
North Carolina Department of Environment and Natural Resources Beverly E. Perdue Governor Dee A. Freeman Secretary Department of Environment and Natural Resources Dexter R. Matthews Director Division of Waste Management Elizabeth Cannon Chief Hazardous Waste Section 1646 Mail Service Center Raleigh, North Carolina 27699-1646 (919) 508-8400 www.enr.state.nc.us Mercury Switch Removal Program Michael Brailsford Program Supervisor (919) 508-8419 or (704) 947-9512
TABLE OF CONTENTS I. OVERVIEW 1 II. PROGRAM STAFFING 1 III. NORTH CAROLINA S MSR PROGRAM 2 IV. FACILITY ASSESSMENTS 3 V. INSPECTION GOALS & ACHIEVEMENT 3 VI. ENFORCEMENT & COMPLIANCE 3 VII. FUNDING & RELATED ISSUES 4 VIII. SUMMARY 4 LIST OF ATTACHMENTS 1. Organizational Chart i 2. 2008 availability and recovery of mercury switches in automobiles (January December) ii 3. 2009 availability and recovery of mercury switches in automobiles (January June) iii 4. End of Life Vehicles Solutions [ELVS] participation distribution in the U.S. iv 5. Switch recovery ratio calculations v
MERCURY SWITCH REMOVAL PROGRAM 2009 ANNUAL REPORT This annual report is presented to the Environmental Review Commission pursuant to Article 9, G.S. 130A- 310.57. The report covers the activities of the Mercury Switch Removal Program from July 1, 2008 through June 30, 2009. I. OVERVIEW Through Session Law 2005-384 [promulgated in House Bill 1136, enacted on September 13, 2005], further amended by Session Law 2007-142 [promulgated in House Bill 1758, enacted on June 29, 2007], the North Carolina Legislature has acted to reduce the amount of mercury entering our state s environment. As indicated in G.S. 130A-310.51, the purpose of this statute is to reduce the quantity of mercury released into the environment by removing mercury switches from end-of-life vehicles and by creating a removal, collection and recovery program for mercury switches that are removed from end-of-life vehicles in our state. Specifically, it is required that prior to crushing, shredding and smelting of end-of-life vehicles (which contain mercury switches for convenience lighting in the trunk and under the hood areas), all vehicle dismantlers, vehicle recyclers, vehicle crushers and/or vehicle scrap processors must remove, collect and recover the convenience lighting mercury switches contained in end-of-life vehicles prior to any crushing, shredding and smelting operations. In order to ensure compliance with these regulations, G.S. 130A-310.50 through.57, the department has created, under the management and direction of its Division of Waste Management s Hazardous Waste Section, the Mercury Switch Removal Program (MSR Program). The MSR Program is coordinated through the Hazardous Waste Section s Compliance Branch. II. PROGRAM STAFFING The MSR Program, as part of the Hazardous Waste Compliance Branch, has obligated resources to implement a statewide compliance and technical assistance program, and has provided resources for the administration of the reimbursement program. The MSR Program compliance program has implemented technical assistance and monitoring visits to initially introduce the program to those affected. MSR Program staff perform compliance monitoring to confirm inventory control, record-keeping and proper management of mercury switches under the provisions of Universal Waste rule requirements. The MSR Program has developed educational activities to disseminate program information statewide through on-site visits and consultations, presentations at vehicle processor association meetings, through local government outreach and through the Division of Waste Management s Web site. The MSR Program has developed Site Safety Plans for MSR Program employees to ensure their safety. For fiscal 2008-2009, the program was comprised of field staff inspectors assigned to home duty stations, an administrative assistant and a program supervisor. For greater coverage and efficiency, the three and one-half positions are, on a part-time basis, spread among nine field inspectors, four supervisors and an administrative assistant. As previously stated, the Mercury Switch Removal Program resides solely within the Hazardous Waste Section s Compliance Branch. (See Attachment 1 for the Organization Chart) 1
III. NORTH CAROLINA S MSR PROGRAM The focus of North Carolina s Mercury Switch Removal Program is to direct/instruct all end-of-life vehicle recyclers to safely, and in an environmentally responsible manner, remove, collect, store and recycle, as Universal Waste, all convenience lighting mercury switches contained in the end-of-life vehicles prior to any crushing, shredding and smelting operations and thus ensure compliance with these regulations and protection of North Carolina s environment. By signing the Memorandum of Understanding (MOU) to establish the National Vehicle Mercury Switch Recovery Program (NVMSRP), North Carolina gained certain benefits under the national program which are available to our stakeholders and include the following. The auto manufacturers, through End of Life Vehicle Solutions (ELVS), [a corporation formed by the auto manfacturers], provides the following to NVMSRP Participants, including vehicle dismantlers/recyclers, vehicle crushers or scrap processing facilities. Upon request (enrollment with ELVS) provide the program participants with educational materials regarding mercury switch removal, guidance on which vehicles contain mercury switches (including the make, year and model of these vehicles), instructions on how to locate, identify and remove mercury switches and any information unique to the particular state in which the mercury switch removal is taking place, including applicable state and federal regulatory requirements. Provide program participants with appropriate storage/shipping containers including applicable labeling and shipping documents necessary under state and federal regulations for the safe collection and shipment of the mercury switches. Arrange and pay for transportation of the mercury switches in a timely fashion from the vehicle dismantlers, scrap processing facilities or vehicle crushers to a qualified mercury retort facility that has the appropriate Resource Conservation and Recovery Act (RCRA) permits for management of the various shipments of mercury switches collected through the program. Arrange and pay for the proper recycling of the mercury switches by a qualified mercury retort facility or, when recycling is not feasible, arrange for the proper disposal of the mercury switches at a permitted disposal facility. Assume liability for the mercury collected and provide for appropriate indemnification, holding harmless participating vehicle dismantlers, scrap processing facilities, vehicle crushers and others removing switches through this program once mercury switches are collected by the ELVS contractor. Such assumption of liability shall not occur in the event that the vehicle dismantlers, scrap processing facilities, vehicle crushers or other participant fails to package the switches and/or assemblies in accordance with state law and ELVS requirements. In conjunction with information supplied through ELVS, North Carolina s MSR Program staff gathered and prepared guidance documents detailing the removal and recycling/disposal of the mercury switches used for convienence lighting. These documents are available on the Division of Waste Management s Web site (http://www.wastenotnc.org) under the Mercury Switch Progam link and include, in part, the following: manufacturers instructions for locating and safely removing mercury switches/devices instructions to vehicle recyclers for identifying the content (mercury or steel ball) of switches whose contents may be unknown (when in doubt, the switch is assumed to contain mercury) 2
a safe and environmentally responsible method for storage and final recycling/disposal of the mercury switches/devices (including certain function switches presumed to contain mercury), and mercury spill cleanup procedures ELVS enrollment information forms for the required record keeping and reporting procedures for payment of the switch bounty ($5 / switch) vehicle marking instructions the disposal procedure for recycling the mercury switches as Universal Waste Reports gathered through ELVS are tabulated by MSR Program staff to evaluate North Carolina s switch capture rate. This determines our program s effectiveness, as measured by having a capture rate of at least 90 percent of the national capture rate. To facilitate compliance by the vehicle recyclers and in an effort to achieve our goal, vehicle recyclers/dismantlers have the option of filing reports electronically through the Internet or by standard mail. The uniform design of the ELVS provided services for switch collection, transportation and recycling, simplifies the mercury switch removal process and recycler reimbursement. While the MSR Program statute only regulates convenience mercury lighting switches (hood and trunk lighting), the MSR Program does encourage the vehicle recyclers to remove the Anti-Lock Braking System (ABS) g-force (gravity detection) mercury switches found in a limited number of automobiles. In addition, the MSR Program has included other educational information, on the DWM Web site, regarding Universal Waste such as information on used fluorescent lamps since mercury is also used in these products. IV. SUBJECT FACILITIES All vehicle dismantlers/recyclers, vehicle crushers, or scrap processing facilities who process six or more vehicles for the purpose of salvage must remove the mercury-containing convenience lighting switches prior to crushing, shredding or smelting of those vehicles. To participate in North Carolina s Mercury Switch Removal Program s reimbursement process, vehicle dismantlers/recyclers, vehicle crushers, or scrap processing facilities must register with ELVS and with the North Carolina MSRP office. This is accomplished by sending a completed post card to ELVS and a completed tax identification registration form to the state MSRP office. Currently, there are 363 facilities registered with ELVS as part of the North Carolina Mercury Switch Removal Program. V. FACILITY ASSESSMENTS During fiscal 2008-2009, MSRP inspectors conducted 570 inspections and visited more than 500 facilities throughout North Carolina s 100 counties. The site visits were intended to evaluate whether the facility was subject to the law and to acquaint those facility operators who are subject to the law with the legislative requirements. Additional compliance assistance was given by the inspectors, as needed, regarding other RCRA and Clean Water Act (CWA) regulated requirements. VI. ENFORCEMENT & COMPLIANCE In general, the vehicle dismantlers/recyclers, vehicle crushers, or scrap processing facilities are cooperative and have rapidly responded with corrective action in most cases when recommendations were made or minor deficiencies were cited. If minor deficiencies are not corrected in a timely and uniform response resulting in a 3
return to compliance, a more severe enforcement action is taken, such as a Notice of Violation (NOV) or a Compliance Order (CO) with administrative penalty. No Compliance Orders, Notices of Violations or Warning Letters were issued during the period between July 1, 2008 and June 30, 2009. VII. FUNDING & EXPENSES The Mercury Switch Removal Program is funded by fees collected as part of the N.C. Department Of Transportation (DOT) application for certificate of vehicle title fee. One dollar of the $40-per-vehicle title fee is placed in the Mercury Switch Removal Account in the N.C. Department of Environment and Natural Resources. The fiscal 2008-2009 projected budget was approximately $761,000, which included a reimbursement budget of $418,500 (83,700 switches). [Reimbursement paid to the vehicle dismantlers/recyclers, vehicle crushers, or scrap processing facilities, for removal of the mercury switches with proper recovery and disposal, is $5 per switch.] The program s total operating costs for fiscal 2008-2009 were $733,000, which includes switch reimbursements totaling $395,300. VIII. SUMMARY Through the efforts of the MSR Program staff, North Carolina currently ranks seventh in the nation with respect to the number of participating facilities removing and disposing of mercury switches as part of the national ELVS Program. In our second year (July 1, 2008 to June 30, 2009), those participating in North Carolina s MSR Program, removed, collected and shipped for recycling/disposal, 81,863 automotive convenience lighting mercury switches. For the same time period, the National MSR Program removed a total of 1,098,202 mercury switches (which includes North Carolina s 81,863). The number of automotive mercury switches available nationally for fiscal 2008-2009 was approximately 3,650,272, and for North Carolina the number of automotive mercury switches available is approximately 94,660. The ratio of the number of switches removed to the number of switches available expressed as a percentage is, for the U.S., 30.09 percent and for North Carolina is 86.48 percent. The NC MSR Program goal is to achieve at least 90 percent of the national ratio. North Carolina has achieved 281 percent of the national performance ratio. For fiscal 2008-2009, North Carolina ranked No.1 in mercury switch removal efficiency and ranked third in total number of mercury switches removed. Currently, North Carolina remains No.1 in the nation in effectively removing mercury from automobile steel scrap. Since the start of operation on July 1, 2007, North Carolina MSR Program participants have prevented more than 235 pounds of mercury (from more than 115,000 switches) from being released into our environment. 4
ATTACHMENTS
ATTACHMENT 1 ORGANIZATIONAL CHART Hazardous Waste Section Chief Compliance Branch Head Mercury Switch Removal Program Supervisor Administrative Assistant Compliance Branch Supervisor - East Compliance Branch Supervisor - West Senior Environmental Specialists Senior Environmental Specialists Chemist Senior Environmental Specialists i
STATE Number of Participants Total Pounds Mercury Recovered ATTACHMENT 2 ii Total Number of Switches Available Total Switches Recovered Percent of Switches Removed 2008-2009 US Total 7669 2416.05 3650272 1098202 30.09 Alabama 40 12.99 79127 5905 7.46 Alaska 5 0.57 10286 258 2.51 Arizona 50 15.27 60183 6944 11.54 Arkansas 226 7.64 34807 3472 9.98 California 488 507.52 367825 230692 62.72 Colorado 71 47.36 62520 21529 34.44 Connecticut 38 14.64 42994 6654 15.48 Delaware 21 3.58 8934 1628 18.22 Florida 261 105.92 192455 48148 25.02 Georgia 101 33.18 108213 15082 13.94 Hawaii 15 1 10808 453 4.19 Idaho 51 3.14 23236 1430 6.15 Illinois 373 82.31 168645 37414 22.19 Indiana 422 74.77 110565 33988 30.74 Iowa 370 38.19 64113 17356 27.07 Kansas 54 4.88 44055 2221 5.04 Kentucky 60 21.86 65057 9940 15.28 Louisiana 305 5.11 58283 2323 3.99 Maryland 80 18.94 54520 8607 15.79 Massachusetts 224 76.36 70250 34709 49.41 Michigan 155 99.16 180346 45070 24.99 Minnesota 227 115.35 77067 52430 68.03 Mississippi 67 12.54 33003 5701 17.27 Missouri 148 26.72 81830 12148 14.85 Montana 62 4 18371 1821 9.91 Nebraska 30 30.73 30930 13968 45.16 Nevada 14 13.43 15286 6105 39.94 New Hampshire 50 7.3 20245 3317 16.38 New Jersey 182 31.72 106807 14417 13.50 New Mexico 43 7.11 26875 3232 12.03 New York 513 216.95 178236 98611 55.33 North Carolina 363 180.1 94660 81863 86.48 North Dakota 14 5.21 15712 2370 15.08 Ohio 260 91.13 187019 41424 22.15 Oklahoma 55 3.61 57301 1637 2.86 Oregon 79 16.38 50793 7445 14.66 Pennsylvania 227 60.2 163192 27365 16.77 Rhode Island 75 12.8 7917 5817 73.47 South Carolina 72 11.36 50925 5162 10.14 South Dakota 27 3.53 17120 1602 9.36 Tennessee 83 29.94 78123 13611 17.42 Texas 707 74.36 217361 33800 15.55 Utah 113 30.83 27450 14012 51.05 Vermont 67 2.9 7362 1316 17.88 Virginia 249 42.07 88210 19126 21.68 Washington 207 69.66 75595 31665 41.89 West Virginia 30 3.09 31348 1406 4.49 Wisconsin 270 131.74 81331 59881 73.63 Wyoming 24 0.27 10861 123 1.13